, of this Court, yesterday entered an important decree in a chancery case pending therein, the parties to which are Robert W. Lowber
, of New York city, and Thos. Bronaugh
, trustee, of Louisa co.
, Va,: Eldred Turner
, of Caroline county
; Ann Boxley
and George Tyler
, of Louisa county
, and Joseph Tyler
, of Spotsylvania county
The suit, which has been pending since 1857, was brought by Lowber
to set aside a deed of trust given to secure the payment of a portion of the purchase money of the Roxley Gold Mine
, in Louisa
, upon the grounds of fraud in the sale of the said mine to the plaintiff.--The amount involved is about $30,000. The bill of plaintiff states that in August, 1856. Silas Goddard
was introduced to him in New York city by one Jeremiah Jackson
had in his possession a great many specimens of gold, bearing quartz of exceeding richness, which he said came from the gold mine in question, obtained either by himself or one Robert Hunt
, and put in his hands as a means of finding a purchaser for said mine.
said the mine could be bought for $30,000 --half cash, half in 12 months. He (G.) said he was an experienced miner, and never saw any mine so rich, either in California
From five bushels of earth he had obtained $54, and at that rate the yield would be over $200 per ton. If worked with separators and improved machinery, like that used in the Melleville or United States
mine, the yield would be twice as much.
The alluring prospect induced plaintiff to visit Virginia
and the mines, and, as he says, by the representations of Hart
and other persons named in the bill, who thoroughly manipulated him at the mines, he was induced to believe that the quartz would yield from $2,000 to $5,000 per ton for an indefinite period.
Indications of its richness were pointed out and exhibited to him, till finally he ‘"became so much impressed with the representations"’ of Hart
that he purchased a tract of land, containing 700 acres, (all of it heavy with gold dust,) from him as the agent of the devisees of one Boxley
as trustee, and the other parties, for $25,000. Paying a large instalment of the purchase money.
set in with fifteen hands to develop the hidden resources of his new acquisition.
They were so ingeniously hid that after six months unremitting exertion and the expenditure of a good deal of money, he came to the conclusion that he had been victimized, either by salting the claim (as we're seen done in California
) or by that other process which enables some people by the power of language to convert a brickbat into a pretty extensive farm, or convert brass into gold.--The bill which prays the setting aside of the deed of trust made to secure a portion of the purchase money, prays also, we believe, damages.
dismissed the bill for want of equity, and a decree was entered for defendants' costs.
An appeal was taken, and the case will be carried to the Supreme Court of the United States
. John R. Tucker
and John M. Patton, Jr.
, appeared for plaintiff; Alex. R. Holliday
and William Green